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Do I have a "case"?
It depends. Contrary to what most clients believe, you do not have a "case" (the legal right to receive more than your expenses) just because you were in an accident that was somebody else's fault. To have a "case" (to receive more than your expenses), you must first prove that you suffered certain, special, qualifying injuries which make you eligible to receive extra money under a special Florida law. Not all injuries entitle you to payment. Only some do. To become qualified for payment just for your injuries, your doctor must determine that despite the passing of six to eight months of medical treatment, some of your injuries did not completely heal and will never go away (are "permanent"). (Of course, the doctor on the other side will disagree with your doctor). Only a doctor is qualified to make this determination (not you, your relatives or even your lawyer). So, you will have to go to a doctor to find out if you have a case. There is no other way to find out. For purposes of determining your legal eligibility to be paid for your injuries, the only injuries that count are those that exist after (not before) your doctor medically discharges you about six to eight months after treatment begins. For purposes of determining your legal eligibility to be paid for your injuries, the injuries you have right after your accident do not count (except for death, dismemberment or amputation). Thus, your injury case does not begin on the date of the accident. Instead, your injury case begins when (and if) your doctor determines that you have a case (a post-discharge, qualifying, permanent injury).
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